Overview
This Lunch and Learn seminar will discuss the procedural differences between actions and applications. Because most proceedings in estate litigation are commenced by way of application, understanding their unique features and strategic benefits is crucial for all lawyers looking to practice estate law and litigation. At times, applications may be converted into actions, or some of the main issues in the Will challenge that cannot be dealt with by way of application may be tried in the same manner as an action.
Topics include:
- Ways to commence a civil matter in Ontario courts:
- by an action, or
- by an application.
- What is the difference procedurally
- Unlike most civil litigation, which starts with the issuance of a statement of
claim, estate litigation is usually commenced by way of a notice of application. - Strategic benefits from starting with application
Discussion Materials
Main Paper
Session Recording
In the Media
This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on June 30, 2023.
Words of Caution
This summary is intended as brief, introductory primers on the content to be covered in each seminar. It is not intended to be standalone resources or legal advice. The topics addressed in the summary will be covered in greater detail in this seminar.
